Sharpnack, Senior Judge
… In 2005, Raley executed a plea agreement with the State. He agreed to plead guilty to one count of child molesting as a Class B felony, and the State agreed to dismiss the remaining charges. The trial court accepted the agreement and sentenced Raley to serve twenty years, with seven years suspended to probation, per the terms of the agreement.
Raley served the executed portion of his sentence and was released to probation in 2011. On January 17, 2014, the State filed a petition to revoke Raley’s probation. After numerous delays, the State and Raley (who was at that time represented by counsel) reached an agreement. The parties agreed that Raley would admit to violating the terms of his probation, and Raley would serve three years of his previously-suspended sentence for the violation.
On February 29, 2016, the trial court accepted the parties’ agreement, sentencing Raley to serve three years. Staff at the Indiana Department of Correction informed Raley that upon his release, he would be required to register as a sexually violent predator (SVP) for life and to comply with the requirements imposed on SVPs.
On March 16, 2017, Raley, proceeding pro se, filed a motion to enforce plea agreement. He claimed he should not be designated as an SVP because that was not a term of the plea agreement. The court denied Raley’s motion without a hearing on April 18, 2017.
….
… A defendant who commits a predicate offense such as child molesting, and who is released from incarceration after 1994, is an SVP “by operation of law.” Ind. Code § 35-38-1-7.5 (2014). The SVP designation thus is a separate statutory classification that has nothing to do with the terms of the parties’ plea agreement and does not render the agreement void. …
… Here, the terms of the plea agreement did not preclude SVP status, nor could the trial court have excused Raley from being designated as an SVP pursuant to Indiana Code section 35-38-1-7.5. The court did not have the power to ignore a statutory mandate.
….
Affirmed.
Mathias, J., and Crone, J., concur.